If     .  p 


MUNICIPAL  RIGHTS, 

SHALL  THEY  BE  INVADED? 


SPEECH 


OP 


HON.  JOHN  C.  MATHER, 

OF  ]STEW  YOEK,. 


IN  FAVOR  OF  THE  REPEAL 


OP  THE 


METROPOLITAN  POLICE  LAW. 

DELIVERED  IN  THE  SENATE  OF  THE  STATE  OF  NEW 
YORK  MARCH  30,  1858. 


ALBANY: 

COMSTOCK  &  CASSIDY,  PRINTERS. 
1858. 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


1 


-3)*)  niom  «  no:"><< 


StPEECH 


..'j  m  «iiw  ucni  eovSl  or>iloq  iaoio 
OF 


HON.  J.  C.  MATHEE, 


OF  NEW  YORK. 


In  Senate,  March  30,  1858. 

Mr.  Chairman  :  I  should  not  desire  at  this  time,  to  detain  the  Senate 
with  any  further  remarks  upon' the  question  under  consideration,  if  it 
did  not  involve  a  principle  of  the  utmost  public  importance,  and  of  pe- 
culiar interest  to  the  constituency  which  I  have  the  honor  in  part  to 
represent  in  this  body.    Under  most  circumstances,  I  should  be  content 
to  cast  my  silent  vote  in  favor  of  the  bill  for  the  unconditional  repeal  of 
the  Metropolitan  Police  Law,  and  leave  its  vindication  to  the  sober  and 
unbiassed  judgment  of  all  fair-minded  and  honest  men.    But  as  a  most 
strenuous  effort  has  been  made  upon  this  floor  in  behalf  of  the  political 
party  by  whom  it  was  inaugurated,  in  defence  of  this  measure,  I  should 
not  feel  that  I  had  discharged  my  whole  duty  to  those  who  sent  me  here, 
if  I  did  not  attempt  to  show  that  the  legislation  by  which  the  city  of 
New  York  was  deprived  of  ^  some  of  the  most  essential  rights  of  self- 
government,  was  a  measure  without  merit,  for  which  there  was  no  ne- 
cessity— that  it  is  against  the  spirit  of  the  Constitution,  and  in  violation 
of  the  just  and  equal  rights  of  those  who  are  effected  by  its  provisions. 
For  I  assert,  that  in  the  whole  history  of  the  legislation  of  this  State, 
no  one  act  has  ever  passed  the  legislative  ordeal  fraught  with  moretim- 
portant  consequences  to  the  people  of  this  State,  none  more  directly  at 
war  with  the  great  principle  of  self-government,  or  more  dangerous  to 
public  liberty  than  the  law  now  under  consideration. 

The  principal  reasons  assigned  for  the  passage  of  the  Metropolitan 
Police  Bill  were,  that  the  Police  under  the  old  system  was  inefficient 
and  partisan  in  its  character. 

Sir,  this  clamor  was  raised,  and  these  charges  made,  outside  of  the 
Legislative  halls  by  designing  politicians,  for  the  purpose  of  manufactu- 
ring public  sentiment  to  bring  to  bear  upon  the  Legislature,  in  favor  of 
their  scheme  to  disfranchise  the  cities  of  New  York  and  Brooklyn;  and 
of  securing  their  Police  force  as  an  engine  of  political  power.  For  never 


31 


NS 

i-2i 


Tl  r^  r4  ^1  (T  P 

since  the  organization  of  the  city  government  has  there  been  a  more  effi- 
cient police  force  than  was  in  existence  at  the  time  of  the  passage  of 
this  act.  But  supposing  these  allegations  were  true  ?  Have  the  diffi- 
culties been  removed  under  the  new  system  inaugurated  by  the  provi- 
sions of  this  act  ? 

Sir,  the  very  first  proceeding  under  this  law,  was  the  appointment  of 
three  Police  Commissioners — Simeon  Draper,  James  W.  Nye  and  James 
Bowen— whose  political  antecedents  gave  unmistakable  evidence  of  the 
partisan  character  of  the  new  organization,  and  of  the  real  objects  de- 
signed to  be  secured  by  the  passage  of  this  act. 

The  only  Commissioner  appointed  who  is  not  a  violent  partisan,  was 
proposed  by  a  Democratic  Mayor. 

Now,  sir,  let  us  look  a  little  at  the  course  pursued  by  these  Commis- 
sioners, in  regard  to  their  appointments;  and  see  what  reform  they  have 
affected  in  their  professed  efforts  to  place  the  police  organization  beyond 
the  reach  of  partisan  influence. 

Of  all  the  Sergeants  and  Inspectors  appointed,  not  one  has  been  se- 
lected from  the  Democratic  party;  and  of  the  eleven  hundred  and  forty 
policemen  who  have  been  commissioned  by  this  Board,  I  am  informed, 
on  good  authority,  that  from  ten  to  eleven  hundred  have  been  taken  from 
the  opponents  of  the  Democratic  party.  Does  this  show  a  disposition 
on  the  part  of  the  Police  Commissioners  to  ignore  political  considera- 
tions in  the  selection  of  policemen  ?  No,  sir.  On  the  contrary,  every 
man  who  receives  an  appointment  at  their  panels  is  expected  ^o^prove 
loyal  to  the  Republican  party,  and  ready  at  all  times  to  do  the  bidding 
of  their  political  masters. 

It  was  the  offspring  of  a  political  party  accidentally  in  power  at  the 
Capitol,  having  but  little  prospect  of  finding  favor  with  the  people  after 
their  brief  hour  of  authority  was  over.  And  the  occasion  was'j  seized 
upon,  to  invent  a  scheme  by  which  the  Constitution  could  be  evaded, 
and  an  important  branch  of  the  government  of  a  great  city  transferred 
from  the  people,  to  whom  it  rightfully  belonged,  to  the  favorites  of  the 
partisans  who  perpetuated  the  outrage. 

At  the  last  election,  under  the  pretence  of  securing  order  at  the' polls, 
some  two  thousand  special  policemen  were  appointed  to'  seryeipr  the 
day  in  that  capacity,  and,  of  course,  at  the  public  expen.se.  These  men 
were  found  at  every  election  district  in  the  city,  untiring  in  their  efforts 
to  secure  the  defeat  of  the  Democratic  ticket. 

It  is  for  redress  against  this  great  wrong  inflicted  upon" a  district 
comprising  within  its  limits  one-third  of  the  population  of  our1  great 
State,  that  the  appeal  is  made  to  the  representatives  of  the  peopfe  who 
alone  have  power  to  giant  redress. 

In  the  discussion  of  this  question,  much  reliance  is  placed  upon  the 
judgment  of  the  Court  of  Appeals,  by  which  the  Metropolitan  ' Police 
Law  is  pronounced  free  from  the  Constitutional  objection.,  ItJ'seerns  to 
be  supposed,  that  because  the  Legislature  has  the  power  to  pass  bad 
laws,  that  this  power  should  be  unsparingly  exercised.  Th^'ttieory 
pervades  the  report  of  the  majority  of  the  Select  Committee  of  the  Sen- 
ate, and  is  made  prominent  in  the  argument  of  the  honorable"  Senator 
from  the  2%d.    (Mr.  Noxon.) 

This  theory  is  certainly  in  harmony  with  the  design  and'  object 'of  the 
act  in  question;  for  no  considerations  of  its  justice  or  propriety,  ever 


5 


» 


troubled  its  projectors;  they  only  sought  a  way  to  evade  the  Constitu- 
tion, and  disfranchise  the  city,  without  regard  to  the  injury  it  might  in- 
flict on  the  rights  which  might  be  violated.  The  adroit  and  unscrupu- 
lous managers  with  whom  the  scheme  had  its  origin,  did  not  trouble 
themselves  with  any  questions  except  the  one  of  power.  And  when  the 
power  was  supposed  to  be  discovered,  the  consummation  was  not  de- 
layed by  any  considerations  of  justice,  or  equity,  or  public  policy.  It 
did  not  "matter  to  them  whether  the  law  was,  or  was  not  demanded  by 
the  citizens  of  New  York;  or  whether  it  was  or  was  not  necessary  to 
the  protection  of  persons  and  property,  or  to  the  preservation  of  public 
order. 

In  imitation  of  this  same  spirit,  the  Senator  from  the  22d  exults  over 
the  decision  of  the  Court  of  Appeals,  and  parades  it  before  the  Senate 
as  an  authority  by  which  legislation  is  to  be  controlled. 

I  am  not  aware,  sir,  that  this  court  has  any  commission  to  guide  and 
direct  the  policy  of  legislation.  It  may  in  its  wisdom,  determine  that  a 
law  which  deprives  a  city  of  all  power  and  control  over  its  own  police 
is  valid;  but  it  has  not  determined  that  such  laws  are  wise,  or  just,  or 
that  the  example  set  by  the  Legislature  of  185T,  in  the  passage  of  this' 
act  should  be  followed  by  its  successors  in  extending  this  system  of  le- 
gislation to  other  localities.  I  respect  the  decision  of  the  Court  of  Ap- 
peals, simply  because  it  is  high  legal  authority.  But  it  was  pronounced 
by  a  divided  court  and  involved  grave  questions  of  legislative  power 
upon  which  there  was  a  diversity  of  opinion  among  judges  and  lawyers, 
as  well  as  legislators  and  laymen. 

That  the  law  was  passed  against  the  sentiment  of  a  majority  of  the 
people  of  this  State  was  never  doubted.  It  was  regarded  by  all  right- 
minded  men  as  a  dangerous  attempt  upon  local  liberty  to  gratify  parti- 
zan  ambition. 

The  city  of  New  York  had,  in  no  respect,  offended  the  sovereignty  of 
the  State  ;  and  the  attempt  by  a  political  majority  for  a  mere  party 
purpose  to  assail  rights  hitherto  regarded  as  beyond  the  reach  of  legis- 
lative invasion,  was  viewed  with  indignation  and  alarm — and  the  belief  .' 
was  universal,  that  the  court  of  last  resort  would  rebuke  the  usurpa- 
tion. A  majority  of  its  members,  however,  came  to  the  conclusion  that 
the  Legislature  was  not  expressly  forbidden  by  the  Constitution  from 
the  exercise  of  the  power  claimed,  but  none  found  that  any  such  power 
was  expressly  granted. 

If  it  were  permissable  to  re-open  the  discussion  of  the  legal  question, 
the  argument  against  the  law  miglit  be  safely  rested  upon  the  opinion 
of  the  eminent  Judge  who  dissented  from  the  conclusions  of  the  majority 
of  the  court,  and  which  through  all  time  will  stand  side  by  side  with  the 
judgment  of  the  court  in  its  official  record,  as  a  vindication  of  the  effort 
made  to  preserve  the  integrity  of  the  Constitution,  as  well  in  its  spirit 
as  in  its  letter. 

But  this  judgment,  whether  it  be  deemed  right  or  wrong,  on  the  legal 
question  involved,  can  have  no  just  influence  upon  the  determination  of 
the  question  before  this  body.  The  ground  upon  which  the  people  of  the 
Metropolitan  Police  District  deamand  repeal,  is  that  it  was  unjust  to 
them,  and  unwise  as  a  measure  of  public  policy.  They  also  claim,  what 
all  must  concede,  that  it  was  repugnant  to  the  spirit  of  the  Constitution 

and  subversive  of  the  great  principles  of  self-government.    If  the  prin- 

a«  MWN  D'jbivoJt  j\"gcnaano^a  iiown  £u  ©onmnTrTxr  £j;m  wroinvt  .q  bji 


6 


ciples  of  this  law  are  to  prevail  in  the  future  legislation  of  this  State, 
there  is  no  reason  why  the  whole  State  may  not  be  embraced  in  one 
grand  police  district,  governed  and  directed  by  a  central  power. 

The  primary  object  of  the  Metropolitan  Police  law  was  to  take  from 
the  electors  of  New  York  and  Brooklyn,  all  power  of  appointment  or 
removal  of  the  police  force,  and  place  it,  with  all  its  patronage,  at  the 
disposal  of  the  State  government.  The  expenses  are  made  a  local 
charge.  The  officers  and  duties  are  local,  but  the  power  to  appoint  and 
remove  is  taken  from  the  local  authorities  and  electors. 

There  is  no  precedent  for  such  legislation.  The  Euglish  act  creating 
a  Metropolitan  Police  for  London  and  its  vicinity,  does  not  furnish  a 
precedent  ;  for  in  that  act  the  British  Parliament  left  the  pripcipal 
police  force  of  London  entirely  untouched.  Although  not  restrained  in 
its  powers  of  legislation  by  a  written  constitution,  yet  the  Parliament 
respected  the  rights  of  the  city  of  London  and  preserved  its  local 
authority. 

The  Legislature  of  this  State  had  no  such  regard  for  the  city  of  New 
York. 

They  sought  not  to  preserve,  but  to  pull  down  and  destroy,  not  to 
protect  the  local  constituency  in  the  right  of  self-government  ;  but  to 
plunder  it  of  all  authority  over  its  police. 

Not  only  this,  but  to  achieve  the  purpose,  it  became  necessary  to 
evade  the  letter  of  the  Constitution  and  violate  its  spirit.  It  had  no 
power  to  strike  down  the  local  authorities  of  New  York  alone,  but  was 
compelled  to  embrace  with  it  neighboring  localities.  And  this,  the 
Court  says,  the  Legislature  has  the  power  to  do. 

The  city  of  New  York,  as  an  independent  municipality,  has  the  Con- 
stitutional right  to  appoint,  remove,  and  control  its  own  police. 

The  city  of  Brooklyn  possesses,  by  itself,  the  same  independence  ;  but 
coupled  together,  they  become  powerless,  and  the  Legislature  may  usurp 
the  government  of  both. 

If  the  force  of  reasoning,  by  which  this  result  is  reached  by  the  Court 
of  Appeals,  is  not  fully  appreciated,  it  does  not  matter,  the  decision  is 
equally  binding  as  authority,  and  must  be  obeyed  in  all  places  where 
obedience  is  due. 

But  this  decision  and  this  legislation  is  suggestive  of  some  conside- 
rations upon  which  the  Legislature  may  well  pause,  and  in  which  the 
people  of  every  city,  village  and  town  of  the  State  have  a  direct  interest. 
And  I  call  the  attention  of  honorable  Senators,  representing  the  rural 
districts  of  the  State,  to  this  branch  of  the  subject.  By  it,  the  power 
is  asserted  and  maintained  to  unite  the  entire  State,  or  any  portion  of 
it,  in  a  single  district  for  police  purposes,  with  its  chief  at  the  capital 
and  his  subordinates  in  every  city,  town  and  village  in  the  State. 

The  power  to  appoint  and  remove  a  countless  host  of  captains,  lieu- 
tenants and  policemen,  with  the  distribution  of  all  the  patronage  con- 
nected with  the  system,  follows  as  a  matter  of  course.  It  is  impossible 
to  contemplate  such  legislation,  and  such  a  decision,  with  indifference. 
It  strikes  a  fatal  blow  at  local  independence,  and  opens  a  view  of  legis- 
lative power  that  renders  written  constitutions  of  little  value.  Of  what 
value  is  a  provision  in  the  fundamental  law  securing  to  the  people  of 
cities,  villages,  towns  and  counties,  the  rights  of  local  government,  if 
its  provisions  may  be  nullified  by  such  a  cunningly  devised  scheme  as 


7 


HMflw  :  filfoquiJoM  oili  Jo  uyi^wtta       tyj\\M  'xft  vd  txyroJil^iod  i.rnnb 
that  which  deprived  the  city  of  New  York  of  all  control  over  its  own 
police.    The  principle  asserted  need  not  be  confined  in  its  application  to 
the  regulation  of  a  police  force. 

It  applies  as  well  to  every  officer  of  a  city,  village,  town  or  county 
incident  to  its  local  government.  Assessors,  Tax  Collectors  and  Trea- 
surers may,  under  this  principle,  be  superseded.  The  assessment  and 
collection  of  all  taxes  may  be  placed  under  the  control  of  a  finance 
commission  to  be  appointed  by  the  Governor.  Its  subordinates  may 
traverse  every  portion  of  the  State  in  the  duty  of  collection  and  assess- 
ment, who  would  be  in  all  respects  dependent  upon  the  will  of  the  cen- 
tral authority. 

They  may  not  only  assume  the  business  of  collection  and  assessment 
but  of  distribution. 

It  may  embrace  taxation  for  local,  as  well  as  general,  purposes.  The 
mite  to  be  doled  out  to  the  poor  of  a  town  may  be  directed  by  a  grand 
overseer  residing  at  the  capital.  Commissioners  and  overseers  of  high- 
ways will  cease  to  exist,  or  the  repairs  of  roads  and  bridges  will  depend 
upon  the  will  of  the  central  power. 

Indeed,  there  is  no  branch  of  local  government,  whether  in  city  or 
country,  which  may  not  be  assumed  and  controlled  by  a  central  com- 
mission issuing  its  mandate  from  the  seal  of  Government.  Under  such 
a  rule,  it  is  easy  to  see  that  cities,  counties,  towns  and  villages  as  sepa- 
rate communities  will  become  extinct,  and  with  them  the  whole  fabric 
of  civil  government,  as  has  been  hitherto  enjoyed,  will  fall  to  pieces. 
These  consequences  are  the  legitimate  result  of  that  system  of  legisla- 
tion as  applied  to  the  city  of  New  York,  and  against  which  her  citizens 
and  representatives  are  alike  emphatic  in  their  protest. 

She  protests,  because  her  rights  enjoyed  from  almost  immemorial 
time,  have  been  wrested  from  her,  and  because  the  blow  aimed  at  her 
local  independence,  inflicts  a  serious,  if  not  fatal,  blow  upon  the  very 
foundation  of  public  liberty.  The  importance  of  preserving  the  indepen- 
dence of  local  government  to  a  very  large  extent  is  conceded  by  all. 
The  honorable  Senator  from  the  22d,  in  his  report  to  this  body,  admits 
that  "  the  principle  of  local  government  lies  at  the  foundation  of  our 
institutions,  and  should  be  seduously  cherished  ;  and  in  the  distribution 
of  power,  whenever  practicable  or  consistent  with  the  general  welfare, 
should  be  carefully  adhered  to."  But  to  this  principle,  the  city  of  New 
York  is  an  exception.  That  because  it  is  a  populous  city,  and  in  the 
administration  of  its  government  enjoys  an  extensive  patronage,  that 
no  principle  of  local  liberty  need  be  applied  to  it.  It  is  claimed  that 
this  government  should  be  administered  by  agents  of  Executive  selec- 
tion It  requires  the  powerful  arm  of  central  authority.  The  people  to 
be  governed,  need  have  no  voice  in  the  appointment  of  its  local  officers, 
but  their  agency  is  only  important  in  providing  means  for  the  support 
of  the  system  which  legislative  wisdom  has  deemed  essential  to  the  pre- 
servation of  life  and  property.  Unlike  other  localities,  the  people  of 
New  York  have  become  dangerous  to  themselves.  They  are  unconscious 
of  it,  it  is  true  ;  but  nevertheless  their  lives  and  property  must  be  looked 
after  and  protected  by  an  Executive  Commission. 

True,  says  the  honorable  Senator  from  the  22d,  the  people  of  New 
York  have  remonstrated  against  this  usurpation,  but  this  matters  not,  it 
is  a  "partisan  clamor  raised  against  the  new  Police  regulation — a 


8 


clamor  heightened  by  the  thieves  and  plunderers  of  the  Metropolis  ;  whose 
political  views  and  peculiar  municipal  privileges  have  been  invaded." 

The  position  of  the  honorable  Senator,  therefore,  is  that  the  citizens  of 
New  York  shall  be  singled  out  as  an  exception  to  the  ordinary  rules  of 
civil  government,  because  they  belong  to  a  political  party  ;  and  secondly, 
because  they  are  about  equal  to  the  position  of  thieves  and  plunderers. 
And  hence  their  municipal  rights  must  be  invaded  with  impunity.  If 
the  city  of  New  York  remonstrates  against  this  great  wrong,  the  answer 
of  the  honorable  Senator  from  the  22d  is,  that  it  is^  but  partizan  clamor, 
heightened  by  thieves  and  plunderers,  and  therefore  no  attention  need  be 
given  the  complaints. 

The  position  of  the  honorable  Senator  may  certainly  be  commended 
for  its  boldness  and  audacity.  He  boldly  maintains  not  only  the  power, 
but  the  policy  of  withdrawing  from  the  people  the  right  of  regulating 
their  own  concerns  in  the  administration  of  local  government.  He 
denies  the  capacity  of  the  people  in  this  respect,  and  argues  that  power 
is  better  exercised  in  the  hands  of  the  few  than  under  the  control  of  the 
many.  He  assumes  a  position  wholly  at  war  with  the  spirit  and  policy 
of  the  Constitution  of  1846,  and  alien  to  the  entire  system  of  a  Repub- 
lican government.  But  it  is  essential  to  the  approval  of  the  principle  of 
the  Metropolitan  Police  Law,  that  the  doctrine  asserted  by  the  honorable 
Senator  shall  be  maintained,  for  so  long  as  the  principle  of  independence 
in  local  government  is  adhered  to,  the  Metropolitan  Police  Law  must  be 
condemned  as  a  measure  of  public  policy.  Not  only  does  the  Senator  ' 
maintain  the  propriety  of  wresting  from  the  people  of  New  York  all 
control  over  their  local  Police,  but  we  are  told  that  at  no  distant  day, 
the  Metropolitan  Police  District  must  be  extended  so  as  to  embrace  all 
the  counties  and  cities  bordering  upon  the  Hudson  river,  and  the  local 
government  of  each  transferred  to  the  Executive  Commission. 

This  suggestion  has  peculiar  significance,  when  we  remember  that  it 
was  to  nullify  the  influence  of  the  Democratic  majorities  of  New  York 
and  Brooklyn,  that  instigated  the  passage  of  the  Police  law  of  1857,  for 
when  it  shall  so  unfortunately  happen,  (if  that  calamity  shall  again  be- 
fall the  people  of  this  StateJ  that  the  Republican  party  can  control  the 
legislation,  in  every  city  or  county  in  which  Democratic  majorities  are 
found  inconvenient  to  the  aspirations  of  political  adventurers,  we  may 
anticipate  that  the  grand  experiment  of  a  Metropolitan  Police  will  be 
repeated.  The  honorable  Senator  does  not  disguise  the  design  of  the 
party  for  whom  he  speaks  in  this  body,  to  extend  the  protection  and 
guidance .  of  the  Executive  Commission  to  other  localities  in  the  State, 
where  they  are  averse  to  the  perpetuation  of  the  modern  Republican 
dynasty. 

The  honorable  Senator  from  the  22d,  is  not  sparing  in  his  application 
of  epithets  to  the  citizens  of  New  York.  In  their  opposition  to  the  inter- 
ference of  State  authority  in  their  local  affairs,  he  hears  nothing  but 
partizan  clamor  and  the  complaints  of  the  thieves  and  plunderers  of  the 
Metropolis. 

It  is  by  these  hard  names  that  a  large  majority  of  the  intelligent,  en- 
ergetic and  enterprising  citizens  of  a  great  city,  are  called  when  they 
interpose  to  prevent  legislative  usurpation,  and  to  protect  rights  6acred 
by  immemorial  antiquity.  The  regard  manifested  by  the  Republican 
party,  and  particularly  by  the  Senator  from  the  22d,  for  the  preservation 


9 


of  law  and  order,  and  for  the  protection  of  life  and  property  in  the  city 
of  New  York,  is  in  the  highest  degree  to  be  commended.  It  evinces  re- 
formation in  a  quarter  where  it  is  greatly  desired.  Yet  their  zeal  and 
public  spirit  might,  no  doubt,  be  properly  expended  in  other  places.  It 
is  not  very  long  since  the  city,  in  which  the  honorable  Senator  resides, 
was  the  scene  of  public  disorder,  where  the  mob  triumphed  over  Nation- 
al authority.  Yet  the  desire  for  the  preservation  of  public  order  in  the 
protection  of  the  rights  of  property,  has  never  expended  itself  in  any 
effort  to  provide  a  better  government  for  the  city  of  Syracuse,  than  that 
which  has  been  provided  by  the  people  of  the  municipality.  On  the  con- 
trary, the  "Jerry  rescue"  affair  has  been  from  time  to  time  celebrated 
upon  the  spot  where  the  performance  was  enacted,  and  if  the  honorable 
Senator  has  not  joined  in  the  celebration,  neither  he  or  his  party  have 
dissented  from  the  propriety  of  publicly  commemorating  the  triumph  of 
a  Syracuse  mob  over  the  constituted  authority  of  the  general  govern- 
ment. 

It  is,  perhaps,  strange,  that  an  honorable  gentleman,  so  zealous  in  the 
cause  of  good  order,  should  have  overlooked  the  rioters  of  his  own  city, 
at  a  time  when  they  were  in  the  ascendant,  to  undertake  the  manage- 
ment of  local  affairs  in  the  great  Commercial  Metropolis.  It  would  be 
strange,  if  it  were  not  notorious,  that  the  sympathies  and  charities  of 
the  party  which  the  Senator  so  ably  represents  upon  this  floor,  are  uni- 
formly bestowed  upon  distant  objects,  and,  as  a  general  thing,  amount 
to  an  interference  in  matters  with  which  they  have  no  concern.  Such, 
Mr.  Chairman,  is  the  nature  of  the  new  Republican  crusade  against  the 
rights  of  the  citizens  of  New  York. 

It  is  impossible  for  honorable  gentlemen  to  disguise  the  real  object  of 
the  movement.  It  had  no  regard  to  good  order,  or  good  government.  It 
was  designed  to  transfer  political  power  and  patronage  to  the  Republi- 
can party,  against  the  expressed  will  of  the  people. 

It  had  no  higher  or  nobler  motive  than  this.  Yet  it  is  attempted  here 
to  give  it  a  better  aspect.  We  are  told,  that  the  people  of  the  whole , 
State  have  an  interest  in  the  city  of  New  York,  and  hence  it  proposes  to 
disfranchise  its  citizens.  Because  the  people  of  the  State  find  it  for  their 
interest  to  visit  the  city  of  New  York  on  matters  of  business  or  plea- 
sure, it  does  not  follow  that  the  Legislature  has  a  right  to  usurp  its 
government,  or  that  they  are  at  liberty  to  strip  them  of  all  power  or 
voice  in  its  administration. 

The  people  of  New  York  are  sovereign  within  its  municipality,  in  all 
that  concerns  local  administration;  and  in  this  independence,  it  was  the 
design  of  the  Constitution  of  1846,  to  protect  them,  as  well  as  every 
other  city  in  the  State. 

It  is  said  by  the  Hon.  Senator  from  the  22d,  that  twenty  years  ago, 
the  Mayors  of  cities  were  appointed  by  the  Governor  of  the  State ;  and 
this  is  urged,  as  a  reason  for  a  restoration  of  central  power.  Sir,  if  we 
go  a  little  farther  back,  we  shall  find  that  Governors  were  appointed 
and  commissioned  by  Kings  and  Cabinets  across  the  water,  and  legisla- 
tion dictated  and  directed  by  a  foreign  potentate.  The  Senator  might 
as  well  urge  that  we  return  to  our  allegiance  to  Great  Britain  and  re- 
construct our  form  of  Government,  by  a  surrender  of  all  the  rights  of 
Freemen,  as  to  justify  the  usurpation  of  the  rights  of  any  locality  by  a 
state  of  things  forever  passed  away.    It  is  urged  again,  that  by  the  in- 


10 

^iio'oift  (u  ^jfaoqoiq  ban  oHi  lo  nor-tosfolq  ?>r()  70I  brfil  .vjfcio  bn/s  wj: 
terference  of  the  Legislature,  the  city  of  New  York  has  been  provided 
with  a  better  and  more  efficient  police  than  that  which  was  destroyed. 
If  this  were  true,  it  does  not  justify  the  wrong,  but  it  has  no  foundation 
in  fact. 

On  the  contrary  I  assert,  that  the  present  police  force  bears  no  com- 
parison in  point  of  efficiency,  to  the  well  disciplined  and  efficient  corps, 
who  for  merely  political  considerations  were  compelled  to  yield  their 
places  to  an  inexperienced  and  inefficient  body  of  men,  whose  chief 
merit  consists  in  their  subservience  and  devotion  to  the  political  fortunes 
of  the  appointing  power. 

The  Senator  alludes  with  an  air  of  triumph  to  the  number  of  arrests 
made  by  the  Metropolitan  Police,  in  September  and  October  last.  Why, 
sir,  it  is  well  understood  in  the  city  of  New  York,  that  about  one-half  of 
these  arrests  were  made  for  the  mere  purpose  of  swelling  the  list  and 
parading  it  before  the  public  as  an  evidence  of  their  efficiency  and 
zeal  in  the  public  service,  while  not  the  slightest  evidence  existed 
against  the  persons  so  arrested. 

In  regard  to  "  the  superiority  of  the  present  police "  of  which  the 
Senator  from  the  22d  speaks  in  such  glowing  terms,  I  need  only  refer 
to  the  dark  catalogue  of  crime,  in  the  City  of  New  York,  to  show  how 
undeserved  the  eulogy,  and  into  what  unworthy  hands  the  Police  Gov- 
ernment of  that  great  city  has  fallen. 

I  propose  to  read  in  this  connection  a  very  few  extracts  from  the  press 
upon  that  subject  : 

From  the  N.  Y.  Herald  of  Feb.  18th,  1858. 

Burglaries  in  New  York  — The  frequency  of  burglaries  in  this  city  has  become  the 
subject  of  general  remark.  Scarcely  a  night  passsess  but  what  some  half  dozen  houses 
are  entered  by  thieves,  and  property  to  an  incredible  amount  carried  off  to'the  infinite 
disgust  of  citizens  having  a  misplaced  confidence  in  the  Metropolitan  Police.  The 
arrest  of  the  burglars  rarely  occurs,  while  the  recovery  of  the  stolen  property  is  some- 
thing bordering  on  the  miraculous.  This  fact  is  but  another  of  the  many  instances 
afforded  us  daily  of  the  utter  worthlessness  and  inefficiency  of  our  present  police  sys- 
tem.   When  will  there  be  a  change  for  the  better  ? 

In  alluding  to  the  arrest  of  a  man  named  James  D.  Davis,  on  a  charge 
of  burglary,  the  Tribune  of  the  22d  February  says  : 

Mrs.  Davis  went  to  the  prison  for  the  purpose  of  seeing  her  husband  ,  and  was  met 
at  or  near  the  prison  gate  by  policeman  Voss  or  Foss,  who  gave  his  name  to  her  as 
Thompson.  She  asked  to  see  her  husband,  when  the  policeman  said  he  would  let 
her  in  for  50  cents,  or  would  get  her  husband  out  of  prison  for  $4.  She  said  she  was 
very  poor,  but  nevertheless  would  try  and  get  the  money.  The  policeman  engaged 
to  meet  her  at  the  same  place,  in  the  afternoon.  Mrs.  Davis  then  went  to  some  of 
her  friends,  and  finally  succeeded  in  raising  the  sum  of  $5.  With  a  happy  heart  at 
the  thought  of  being  able  to  get  her  husband  released  from  durance  vile,  she  repaired 
to  the  place.  At  the  appointed  time  the  policeman  was  there,  when  she  handed  him 
the  $5  bill.  He  gave  it  to  another  officer  who  got  change,  when  he  returned  her  one 
dollar  and  pocketed  the  balance  ;  after  which  he  told  her  to  go  home,  that  her  hus- 
band would  be  released  the  same  afternoon  #*#**## 

N.  Y.  Tribune,  February  20th,  1858. 

The  Model  Artists  and  Police. — Among  the  audience  assembled  at  the  Model 
Artist  exhibition  in  Broome  street,  which  was  broken  up  by  a  squad  of  officers  from 
the  Mayor's  office  on  Thursday  night,  were  three  Police  Captains,  and  it  was  upon 
them  that  the  Mayor's  men  were  compelled  to  draw  their  revolvers  to  prevent  their 
too  sudden  retreat  from  the  building.  This  Model  Artist  exhibition  was  not  exactly 
public  nor  was  it  an  every  night  affair. 


From  the  Police  Gazette,  Feb.  20th,  1853. 

Shall  wb  have  a  Vigllence  Committee. — We  say  yes,  most  emphatically,  and  let 
it  he  established  immediately  to  protect  the  lives  and  property  of  citizens,  and  as  a 
terror  to  evil  doers.  At  present  there  is  no  safety  for  any  member  of  the  community, 
and  the  city  appears  to  have  been  given  over  to  lawless  bands  of  maraudors  and 
midnight  assassins,  who  appear  to  be  banded  together  for  murder  and  robbery,  and 
why  should  not  honest  men  band  together  for  mutual  safety  and  protection.  If  such 
a  committee  is  established  it  should  be  strictly  in  accordance  with  law,  as  it  would  be 
as  intolerable  to  have  an  irresponsible  body  in  this  city,  setting  in  violation  of  law, 
as  it  is  now  to  be  ruled  by  the  revolver,  the  bowie  knife  and  the  stiletto. 

From  the  N.  Y.  Sun. 

The  harsh  and  summary  manner  in  which  the  New  Police  Commissioners  acted 
towards  the  old  police,  and  their  obstinate  refusal  to  respond  to  the  universal  wish 
that  the  good  men  should  be  retained,  causes  the  present  decision  (referring  to  the 
recent  decision  of  the  Supreme  Court  in  regard  to  the  old  Police)  with  much  satisfac- 
tion by  a  large  portion  of  our  citizens. 

The  extracts  to  which  I  have  called  the  attention  of  the  Senate,  said 
Mr.  M.,  are  but  a  small  portion  of  similar  articles,  with  which  the  press 
of  the  city  of  New  York  abounds  from  day  to  day,  showing  conclusively 
the  unfitness  and  incompetency  of  the  great  body  of  the  police  force  un- 
der its  present  organization. 

And  yet  the  majority  of  the  committee  say  in  their  report,  and  it  is 
reiterated  in  the  speech  of  t^e  Hon.  Senator  from  the  22d,  that  "  they 
have  not  heard  of  complaints  made  against,  or  reproach  cast  upon,  the 
action  of  the  Board  of  Police,"  on  the  contrary,  they  claim  "  that  the 
admitted  superiority  of  the  present  Police  is  a  subject  for  general  con- 
gratulation." 

But  this  is  not  all,  The  majority  of  the  Committee  assert  that  "there 
is  no  evidence  before  the  Committee  that  the  act  is  in  conflict  with  the 
wishes  of  the  citizens  of  New  York."  And  in  the  closing  paragraph  of 
their  report  they  say  "  the  cry  of  repeal  is  already  swallowed  up  in  the 
good  order  Snd  peace  which  reigns  throughout  the  district."  Sir,  this 
language  is  a  cruel  satire  upon  the  condition  of  affairs  as  they  now 
exist  under  the  auspices  of  the  Police  Commissioners  and  their  subor- 
dinates ;  the  present  guardians  of  the  public  peace  of  the  city  of  New 
York. 

And  let  me  ask  my  colleagues,  upon  this  floor,  if  the  people  of  the 
Metropolitan  Police  District  are  satisfied  with  this  law,  why  is  it  that 
the  thirty-two  representatives  in  the  Senate  and  Assembly,  backed  by 
more  than  thirty  thousand  majority  are  sent  here  from  the  Metropolitan 
Police  District  in  favor  of  its  unconditional  repeal  ? 

Why  have  the  local  authorities  of  the  cities  of  New  York  and  Brook- 
lyn memorialized  the  Legislature  with  almost  entire  unanimity,  in  favor 
of  the  repeal  of  this  unjust  and  tyrannical  law  ? 

Why  has  Daniel  F.  Tieman,  the  Mayor  of  the  city  of  New  York,  who 
was  elected  in  opposition  to  the  Democratic  nominee,  joined  in  an  earnest 
appeal  to  the  Legislature  of  the  State  to  strike  this  iniquitous  and  op- 
pressive enactment  from  the  Statute  book,  and  to  restore  again  to  the 
citizens  of  New  York  the  rights  of  self  governwmit.  But  I  propose  also 
in  this  connection  to  read  a  brief  quotation  on  this  subject,  from  the  New 
York  Times,  of  November  17th,  1857.  This  authority  even  the  Hon. 
Senator  from  the  22d  will  not  question  : 


12  „ 

From  the  New  York  Times,  Nov.  17,  1857. 

But  the  manner  of  appointing  this  commission  must  he  changed — it  is  neither  right 
in  itself  nor  in  conformity  with  the  spirit  of  the  Constitution,  that  the  Governor  of 
the  State  Should  have  control  of  the  local  police  of  this  or  any  other  citv.  The  State 
has  no  such  authority  over  its  municipalities.  Nor  are  the  relations  of  the  cities  to 
the  State  such  as  to  render  the  exercise  of  such  a  power  either  legitimate  or  safe,  and 
the  public  sentiment  of  this  city  is  most  distinctly  and  decidedly  against  it — the  peo- 
ple feel  universally  and  instinctively  that  it  is  wrong — an  unjustifiable  encroachment 
upon  local  rights  for  the  State  thus  to  assume  the  appointment  of  officers  whose  func- 
tions and  responsibilities  are  purely  local.  Technically  the  law  is  Constitutional,  but 
it  was  made  so  only  by  the  device  of  creating  a  new  district,  which  should  embrace 
other  counties  besides  the  one  where  it  was  to  take  special  effect. 

The  truth,  is,  Mr.  Chairman,  the  utter  inefficiency  of  this  new  organi- 
zation, is  daily  becoming  more  and  more  apparent  ;  and  since  its  inau- 
guration a  new  impetus  has  been  given  to  the  commission  of  crime  of 
every  grade,  as  the  records  of  the  public  press  in  the  city  of  New  York 
will  abundantly  demonstrate. 

I  am  well  aware,  Mr.  Chairman,  that  Police  Commissioners  and  Police 
Captains  have  been  hovering  about  the  Capitol,  during  the  progress  of 
this  discussion  ;  but  I  do  not  believe,  sir,  that  they,  or  their  eloquent 
champion  upon  this  floor — the  honorable  Senator  from  the  22d — will  be 
able  to '  satisfy  the  Senate,  or  the  public,  but  that  this  new  fangled 
scheme  for  governing  the  city  of  New  York,  has  proved  an  utter  failure, 
and,  in  every  aspect,  detrimental  to  the  pulic  interests. 

The  Senator,  also,  alludes  to  the  fact  that  seven  thousand  dollars  worth 
of  stolen  property  has  been  returned  to  the  owners  during  the  months  of 
September  and  October,  while  there  was  no  evidence  that  the  old  police 
had  ever  returned  any  portion  of  property,  taken  by  them,  to  its  owners. 
But  he  neglected  to  mention  the  fact  that,  under  the  old  law,  the  police 
were  compelled  to  deposit  all  stolen  property  with  the  clerk  of  the 
Police  Court  at  the  Tombs.  But  I  will  not  detain  the  Senate  with  any 
further  detail  on  this  branch  of  the  subject.  There  is,  however,  one 
other  feature  connected  with  this  novel  scheme  for  governing  the  city 
of  New  York,  which  the  Senator  from  the  22d  has  quite  overlooked,  but 
in  which  the  tax-payers  of  that  city  feel  a  deep  interest.  I  allude,  sir, 
to  the  enormous  increase  of  the  expenses  under  the  Metropolitan  Police 
Law,  over  those  incurred  under  the  old  Police  sj'stem,  which,  by  refer- 
ence to  the  tax  bill  now  in  the  other  branch  of  the  Legislature,  will  be 
found  to  exceed  the  expenditures  of  any  previous  year,  by  several  hun- 
dred thousand  dollars. 

The  Senators  from  the  22d  and  the  27th  have  indulged  in  bitter  per- 
sonal attacks  upon  Fernando  Wood.  I  do  not  design,  sir,  to  reply  to 
them,  further  than  to  say  that,  as  Mayor  of  the  city  of  New  York,  and 
as  head  of  the  Police,  he  has  discharged  his  duty  with  an  ability,  and 
devotion  to  the  public  interests  which,  at  one  time,  commanded  even  the 
admiration  of  the  political  friends  of  the  Senators  who  now  traduce  him. 
But,  with  a  fiend-like  spirit,  he  has  since  been  pursued  by  a  partisan 
press,  and  by  personal  and  political  foes  ;  but,  sir,  I  believe  he  will  yet 
triumph  over  them  all. 

The  proposition  of  the  honorable  Senator  from  the  27th,  is  a  conces- 
sion that  the  principles  of  the  Metropolitan  Police  Bill  are  radically 
wrong  ;  and  I  thank  the  distinguished  Senator  for  his  bold  and  manly 
defence  of  the  citizens  of  New  York,  when  discussing  his  proposition 


M  13 


mi' .tewi'SR.^"^.  ™rf  °f  t>"s  VlhatcrfioD  of  theft  claim  to  the  rights  of 
setf-gpyeramenfy  .  n  '    •  ^ 

But,''w)iile  the  Senator  proposes  to  leave  to  the  people  the' right  to 
select  the  Police  Commissioners,  in  so  doing  he  puts  them  m  a  straight 
lacket.    It  is  not  unlike  an  Emperor  of 1  France' bestowing  the' elective 

fli  >l.«5p>  j  N..L  o  •'III  IliJ  ITIMMT  ITU  I.  'Ji  lull    i  .'till  A  A I  I  iiikiII 


franchise  upon  tne^Fren^h  people.'oy  which  they  were  at  Hber'ty ;  'tto  vote 
for  whom(  they  pleased  for  Emperor,  but  all  who  did  not  Vote  fox'  Napo- 
4"'Milepn  were  to  be  shot 

>ub  uijtn  ^j1^)**^ '.m  the  2*Tth,  is  willing  to  give  the  electors'b'f'  New 
York  the  light  to  elect  a  Police  Commission,  but  in  such''a  way ''that  a 
small  minority  may  have  equal  power  with  the  most  overwhelming 

This  is  acknowledging  the  right  of  the  people,  but  (liyestirg'lfi^  exer- 
cise of  all  substantial  value.  It  is  but  the  shadow  of  local  independence, 
while  the  substance  is  taken  away  ;  and'  it  carries  out  no  theory  consis- 
tent with  the  rights  of  self  government.    It  is  a  plain  violation  of  the 


and  said  no  Senator  ujion  this  floor  could  doubt  for  a  moment  "but' that  an 
overwhelming  majority  of  the  people  of  the  city  o'f  New  York,  'And  the 
Metropolitan  District,  are  in  favor  of  the  prompt  and  unconditional  repeal 
of  this  obnoxious  law.  In  the  election  in  November  last,  they  spoke 
in  thunder  tones  through  the  ballot  box  ;  and,  Sir,  the  cry  of  repeal 
was  not  confined  to  the  Metropolitan  Police  District.  It  was  taken  up 
by  the  people  of  the  State,  from  one  end  to  the  other,  and  was  made  the 
rallying  cry  of  the  Democratic  masses  from  the  ocean  to  the  lakes  ;  and 
upon  this  issue,  more  than  any  other,  was  the  Democracy  enabled  to 
sweep  the  State,  and  bear  in  triumph  their  flag  to  the  Capitol.  They 
now  appeal  to  the  representatives  of  the  people  for  a  restoration  of 
their  ancient  rights,  and  to  be  placed  on  an  equality  with  their  sister 
cities  throughout  the  State.  If  their  appeal  is  disregarded,  though  tem- 
porarily crushed  to  earth  by  the  hand  of  power,  they  will  rise  again  and 
re-assert  their  rights  at  the  ballot  box. 

I  submit  to  the  Senate  that  there  is  but  one  way  to  deal  with  this 
question  consistent  with  established  principles  and  a  just  regard  for  the 
citizens,  and  that  is  to  expunge  this  obnoxious  law  from  the  Statute 
book.  It  should  have  no  place  among  the  laws  enacted  for  the  govern- 
ment of  a  free  yeojile. 

The  city  of  New  York  has  some  claim  to  be  protected  in  the  enjoy- 
ment of  rights  acceeded  to  every  other  locality.  She  demands  no 
greater  privileges  than  are  granted  to  other  municipal  bodies,  and  will 
be  content  with  no  less. 

Her  commercial  position — the  magnitude  of  her  business  interest,  and 
the  extent  of  her  population,  while  it  may  not  entitle  her  to  any  greater 
consideration  than  is  willingly  conceded  to  every  other  city  in  the  State, 
should  not  be  made  a  pretext  for  delivering  over  against  her  will,  her 
dearest  rights  to  the  domination  of  mercenary  politicians. 

The  city  of  New  York  is  pre-eminent  among  all  the  cities  of  this  con- 
tinent, and  indeed  of  the  world,  in  her  commercial  and  financial  position. 
Her  ships  float  upon  every  sea.    She  is  the  grand  centre  of  commerce 


14 


and  of  civilization.  She  is  at  once  the  envy  of  the  old  world,  and  the 
pride  of  the  new.  That  within  her  limits  dwells  an  incalculable  amount 
of  wealth,  of  energy  and  enterprise — that  among  her  citizens  are  found 
merchants  whose  operations  are  as  extensive  as  the  globe  ;  and  illus- 
trious men  of  every  rank,  profession,  and  calling  in  life,  who  shed  lustre 
upon  the  American  name,  furnishes  but  poor  evidence  of  their  incapacity 
for  self  government. 

It  may  answer  a  present  purpose  to  assail  the  intelligent,  enterprising 
citizen  of  New  York,  as  unfit  to  enjoy  local  freedom,  and  charge  them 
with  sympathy  and  association  with  thieves  and  plunderers  ;  but  in  due 
time  they  will  be  vindicated  from  this  offensive  allegation.  They  seek 
redress  at  this  time,  and  from  the  representatives  now  assembled  at  this 
Capitol.  Their  local  representatives,  speaking  for  an  overwhelming 
majority  of  the  electors  and  tax  payers  of  the  Metropolitan  Police  Dis- 
trict, demand,  as  a  measnre  of  equal  and  exact  justice,  that  they  be  re- 
stored to  rights  sacred  to  every  citizen,  and  which,  in  an  hour  of  par- 
tizan  madness,  were  taken  from  them. 

To  redress  this  great  wrong,  a  peaceful  appeal  is  now  made  to  the 
representatives  of  the  people  of  a  great  state,  in  the  full  confidence  that 
those  who  do  not  permit  an  invasion  of  their  own  inherent  rights  with 
impunity,  will  be  prompt  to  redress  the  injuries  sought  to  be  inflicted 
upon  their  fellow  citizens. 


vi  b 
vori'i 
to  t 
•to**  i 
•utai 

bun 


r.  wou 
■  li-jdJ 
J  zjitia 

udsbia 

.'jiiT 

>  tj.'»ca 


I 


